Advanced Search

The Decision Of 355/ttg: On The Establishment Of The Steering Committee Of The Government Of General Review And Codify The Legal Text

Original Language Title: Quyết định 355/TTg: Về việc thành lập Ban chỉ đạo của Chính phủ về tổng rà soát và hệ thống hóa văn bản quy phạm pháp luật

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
The PRIME MINISTER'S DECISION On the establishment of the Steering Committee of the Government of the canton of reviewing and codified the legal text PRIME to base Government Organization Law on September 30, 1992;
Pursuant to the law enacting the legal text on November 12, 1996;
To take your work and codified the legal text into the background fine, regularly and carry out the task of reviewing the legal text in the two years 1997-1998;
According to the recommendation of the Minister of Justice and Minister, Chairman of the Government Office, DECIDES: 1. Establishment of the Steering Committee of the Government of the canton of reviewing and codified the legal text include the following members: 1. The Minister of Justice, head of Department;
2. Deputy Chairman of the Government Office, Deputy Head of Department;
3. Deputy Minister of Civil Service, Commissioner;
4. Deputy Minister of finance, Commissioner;
5. Organizing Committee Vice-Commissioner, government officials;
Chairperson invited representatives of Parliament, the Office of the President Office, to nullify the Supreme People's Court and the Supreme People's Procuratorate participated in the Steering Committee of the Government.
The Government's Steering Committee has a staff to help nests by the professional component, the Steering Committee decided; location work in the Ministry of Justice.
Article 2. The Government's Steering Committee on the total showers and codified the legal text has the following powers, duties: 1. Organize trainings, professional guide reviewing codified legal texts for the ministries and localities;
2. Urge, to check the implementation of the plan of reviewing and codified the legal text of the Prime Minister accompanied by this decision and the report of the Prime Minister;
3. Synthesis and processing of the results of the General review of the ministries and local government reports;
4. Decide on the publication of contents, total volume and collection of legal documents;
Directing the publication of codified legal text of the Ministry, and local industry.
Article 3. Ministers, heads of ministerial agencies, government agencies, the Chairman of the provincial people's Committee, central cities are responsible for the organisation of review and codification of legal normative documents according to the plans of Prime Minister attached to this decision.
Article 4. Funding for the work of reviewing and codified law of the Steering Committee of the Government due to the State budget.
The Ministry of finance in cooperation with the Ministry of Justice and the Office of government regulations, instructions and test the use of this funding.
Article 5. Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the provincial people's Committee, central cities and the members of the Steering Committee of the Government of the canton of reviewing legal documents is responsible for the implementation of this decision.
 
The PLAN of IMPLEMENTATION of the GENERAL REVIEW of YOUR SYSTEM and the LEGAL TEXT in TWO 1996-1998 (attached to decision No. 355/TTg dated 28/5/1997 of the Prime Minister) on 12 November 1996 National Assembly IX at the 10 session passed Legislation enacting the legal text. In article 8 the law stipulates: "the State organs within the scope of their authority, are responsible for regularly reviewing the periodic system, the legal text; If found to have unlawful regulations, inconsistent, overlapping or no longer fit in with the development of the country, then himself or recommendations with the competent State agencies promptly modify, Supplement, replace, repeal or suspend the enforcement. " To put your work, codified the legal text into the background fine according to the provisions of the law, the Prime Minister decided the plan of reviewing and codified the legal text as follows: i. on the range, the OBJECT of the LEGAL TEXT MUST SCRUTINIZE 1. Under the provisions of the Act enacted the legal text, the legal text needs to be reviewed include: law, resolutions of the National Assembly;
Ordinances, resolutions of the Standing Committee of the National Assembly;
The order, the decision of the President;
Resolutions, decrees of the Government; The decision, the directive of the Prime Minister;
Decisions, directives, circulars of Ministers, heads of ministerial agencies, government agencies;
The resolution, circular between the competent State agencies with socio-political organization;
The resolution of the provincial people's Council, the central cities;
Decisions, directives of the provincial people's Committee, the central cities.
In operating activities, ministries, sectors and localities to enact other text forms as: announcements, planning, dispatch ... to contain the legal. So, in times of this review and the law are currently being enforced but are issued with the text on the form must also be reviewing.
2. About the time of the promulgation of the text must scrutinize: the time of the enactment of the legal text must scrutinize is calculated from the following on July 2, 1976 to end on December 31, 1996.
 
II. Objectives And Tasks Of The GENERAL REVIEW And CODIFIED The LEGAL TEXT 1. The objective of the General review.
Discovered the legal text have conflicting, overlapping, contrary to the provisions of the Constitution, laws, or ordinances issued false authority has been issued since July 1976 to the end of December 31, 1996 to handle under the authority or the establishment of the category text to timely recommendations with the competent State agencies cancel , modified or supplemented;
Founded and published the directory of legal texts, published the codified legal text is valid to apply uniformly throughout the country and locality.
2. duties of the General review.
To accomplish these objectives, the ministries, ministerial agencies, government agencies and people's committees, the central cities (hereafter referred to collectively as the ministries and local) in the scope of the functions, duties and powers of the Organization his reviewing, text processing legal jurisdiction and establish the type of legal text list law posted on the Government's Steering Committee on the review Of the legal text.
a. for the ministries, ministerial agencies, government agencies: collection full list the legal text enacted after 2 July 1976 to the end of 31 December 1996 on the industry in the scope field, in charge of the Ministry, ministerial-level agencies Government Agency (law, resolutions of the National Assembly; Ordinances, resolutions of the Standing Committee of the National Assembly; The order, the decision of the President; Resolutions, decrees of the Government; The decision, the directive of the Prime Minister; Decisions, directives, circulars of Ministers, heads of ministerial agencies, government agencies; Circular between ministries, ministerial agencies, government agencies; Circular of the Supreme People's Court, the Supreme People's Procuratorate or the Central Agency of social-political organization;
Due to changes in the functions, tasks and organization of the ministries, ministerial agencies, government agencies (split, enter ministries) should have clearly notes the text of regulations on the matter before another charge by the Ministry of industry, but now in The function its branches in charge.
Set the directory of legal text has been discontinued and removed or replaced;
Set the directory of legal texts are still in force;

Set the directory of legal texts are still in force but the regulations need to be modified, supplemented or rescinded;
Establishment of the list of documents issued in the wrong jurisdiction.
b. with respect to the people's committees, the central cities:-collection full list legal texts by the provincial people's Committee, the city of centrally issued since July 1976 to end on December 31, 1996.
For the province, the city has just been separated, then the category should clearly note the text has to be applied to the province, the old city still prevail in the city, and the text by the Council, the new people's Committee issued.
Set the directory of legal text has been discontinued and removed or replaced by the people's Council and people's Committee, the central cities.
Set the directory of the legal text of the people's Council and people's Committee, the city of centrally issued are valid;
Set the directory of the legal text of the Superior State bodies (Congress, the Committee usually Parliament, President, Prime Minister, Government, ministries, ministerial agencies, government agencies) through local enforcement practices, see no longer appropriate, it should be proposed to modify , addition or repeal.
c. with regard to the Government's Steering Committee on the overall review and codified the legal text.
1. Synthesis and modify the categories the legal text by ministries, provincial people's Committee, the city of centrally created and posted on the Steering Committee. Depending on the category text, the Steering Committee organized a seminar, opinions, social-political organizations concerned and establish categories of legal texts the Government processed under the authority or the Government recommended the competent authority process.
The categories include: directory of legal text has been discontinued, removed or replaced;
Text listing the legal force of the Assembly, the Committee of the National Assembly, the President, the Government, the Prime Minister.
2. In coordination with the Supreme People's Court, the Supreme People's Procuracy scrutinize and codified the legal text in the functions, duties and powers of the Supreme People's Court, the Supreme People's Procuratorate, as well as the legal texts by the Supreme People's Court , The Supreme People's Procuratorate issued.
3. Review, decided to work in publishing, the General index, the total volume and the collection of legal documents; led the local publishing industry, the cultural system of the legal text of the Ministry, local branches.
 
III. ABOUT The ORGANIZATION And PROGRESS 1. About the Organizer: a. in ministries, ministerial agencies, government agencies, the establishment of the Steering Committee of reviewing legal documents of the Ministry of industry, by the Minister or Deputy Minister, Comrade is head of Department, Director of the Legal Affairs Standing Committee Deputy (in the Agency not have Service legislation, the Chief of The comrades is the Deputy Standing Committee). Help the Steering Committee has a staff consisting of professional legal Services, Ministry, industry.
b. in the people's committees, the central cities, establishment of the Steering Committee of reviewing legal documents by Comrade Chairman or Deputy Chairman of the provincial people's Committee, the central cities was Chairman, Director of the Department of Justice as Deputy Standing Committee. Helps to have a Steering Committee comprising expert practitioner of the Justice Department and the Office of the provincial people's Committee, the city in Central.
c. establishment of the Steering Committee reviewing the legal text of the ministries and people's committees, the central cities of your general plans and local branches of the Ministry, must be sent to the Prime Minister, and the Government's Steering Committee before 15 June 1997 (the Ministry of Justice 25A Sand Ghost , Hanoi).
2. About the progress made: To ensure the General review and adjust legal writing are timely, accurate, high productivity, ministries, sectors and localities should make true progress: From June 15, 1997 to August 15, 1997, the Steering Committee of the Government organized training of your professional and practicable system legal for officers of ministries, sectors and localities to do revision and codification of legal normative documents.
From September 1997 to December 1997 the ministries and local and set up a category full of legal documents by the Ministry and local departments in charge of issued from the following on 18/7/1976 and ended on December 31, 1996.
From December 1997 to June 1998 the ministries and local check in, to catalogue the legal text needs to supplement, modify or abolish and catalogue the legal texts suggest State agencies have the authority to modify, Supplement, abolish or need a new Board and posted on the Government's Steering Committee on 30 June 1998. From July 1998 to August 1998 the ministries and local complete catalog legal text in current scope management of ministries and local.
From September 1998 to December 1998 the Government Steering Committee for overall review and codified the legal text, alignment, planning, published the codified text of legal validity and report the results to the Prime Minister.
In June 1997 the Ministry of Justice planned funding for the General reviewing legal documents according to content and the progress of the deployment plan in 1997-1998 and actively collaborated with the Ministry of Finance made under the provisions of article 4 of decision No 357/TTg dated 28 May 1997.
Ministries, ministerial agencies, government agencies, provincial people's Committee, central cities have held responsibility in implementing this plan and periodically 3 months once the Prime Minister's report and the Government's Steering Committee for overall review and codified legal text (at 25A Cat Linh , Hanoi)./.